rfp for development of exhibition-cum-convention centre in...

Request for Proposal

For

Development Of Exhibition-cum-Convention Centre in

Butibori, Nagpur, Maharashtra

August 2014

Maharashtra Industrial Development Corporation

Udyog Bhawan, 4th Floor, Near High Court, Civil Lines,

Nagpur.

RFP for Development of Exhibition-cum-Convention centre in Butibori Area, Nagpur

of 68

RFP Advertisement


of 68

DISCLAIMER

The information contained in this Request for Proposal (hereinafter referred to as “RFP”) or

provided to Applicant(s), by the Maharashtra Industrial Development Corporation

(hereinafter referred to as “MIDC” or “the Corporation”) or any of its employees or advisors,

on the terms and conditions set out in this RFP and such other terms and conditions subject

to which such information is provided.

The purpose of this RFP is to provide the Applicant(s) with information to assist in the

formulation of their Bids. This RFP does not purport to contain all the information each

Applicant may require. This RFP may not be appropriate for all persons, and it is not

possible for MIDC, their employees or advisors to consider the business/ investment

objectives, financial situation and particular needs of each Applicant who reads or uses this

RFP. Each Applicant should conduct its own investigations and analysis and should check

the accuracy, reliability and completeness of the information in this RFP and where

necessary obtain independent advice from appropriate sources. MIDC, their employees and

advisors make no representation or warranty and shall incur no liability under any law,

statute, rules or regulations as to the accuracy, reliability or completeness of the RFP.

MIDC also accepts no liability of any nature whether resulting from negligence or otherwise,

however caused arising from reliance of any Applicant upon the statements contained in this

RFP.

MIDC may, in their absolute discretion, but without being under any obligation to do so,

update, amend or supplement the information in this RFP.


of 68

Contents

1. Bid Summary .................................................................................................................. 6

2. Abbreviations .................................................................................................................. 7

3. Definitions ....................................................................................................................... 8

4. Project Background ......................................................................................................... 9

4.1 Background of Nagpur ............................................................................................ 9

4.2 The Exhibition-cum-Convention Centre Project ..................................................... 13

5. Implementation Framework ........................................................................................... 18

5.1 Implementation Structure ...................................................................................... 18

5.2 Role of SPV .......................................................................................................... 18

5.3 Role of MIDC ........................................................................................................ 19

5.4 Project Agreement ................................................................................................ 19

5.5 Project Period ....................................................................................................... 19

6. Development Brief ......................................................................................................... 20

6.1 Scope of Work ...................................................................................................... 20

7. Information & Instruction to Bidders............................................................................... 22

8. Other Instructions .......................................................................................................... 30

9. Description of the Selection Process ............................................................................. 35

9.1 Eligibility Criteria ................................................................................................... 35

9.2 Technical/ Financial Evaluation ............................................................................. 36

9.3 Financial bid opening ............................................................................................ 38

10. Annexure 1 - Specifications and Standards ................................................................... 40

APPENDIX 1A ..................................................................................................................... 45

APPENDIX 1B ..................................................................................................................... 46

APPENDIX 1C ..................................................................................................................... 48

APPENDIX 2 ........................................................................................................................ 49

APPENDIX 3 ........................................................................................................................ 50

APPENDIX 4 ........................................................................................................................ 52

APPENDIX 5 ........................................................................................................................ 53

APPENDIX 6 ........................................................................................................................ 55

APPENDIX 7 ........................................................................................................................ 57

APPENDIX 8A ..................................................................................................................... 58

APPENDIX 8B ..................................................................................................................... 59


of 68

APPENDIX 9 ........................................................................................................................ 60

APPENDIX 10 ...................................................................................................................... 64

APPENDIX 11 ...................................................................................................................... 66

APPENDIX 12 ...................................................................................................................... 67


of 68

1. Bid Summary

S.No. Event Description Date

1. Sale of RFP RFP document can be downloaded from website

www.midcindia.org from 22/08/2014 to 20/09/2014.

Non- refundable fees of Rs. 25,000/- by way of DD in

favour of “Executive Engineer, MIDC, Division No. I,

Nagpur” along with the proposal needs to be paid by the

bidder.

2. Bid submission due

date

Both Technical and Financial Bid should be submitted by

31/10/2014 up to 15:00 hours at the Office of

Superintending Engineer, MIDC, Udyog Bhawan, 4th Floor,

Near High Court, Civil Lines, Nagpur.

3. Date of opening

Financial Bid

Date will be communicated later.

4. Pre Bid Meeting Request for clarification must be sent in writing or by email

to Superintending Engineer, MIDC, Udyog Bhawan, 4th

Floor, Near High Court, Civil Lines, Nagpur or

[email protected] on or before 25/09/2014, 17:00

hrs.

The pre bid meeting would be held on 29/09/2014 at 11:30

hrs at MIDC, Udyog Sarathi, Mahakali Caves Road,

Andheri (E), Mumbai 400093.

5. Earnest Money

Deposit The Bidder shall submit an Earnest Money Deposit (EMD)

for an amount of Rs. 125,00,000/- (Rs. One crore twenty

five lakh only) along with the proposal by way of DD in

favour of “Executive Engineer, MIDC, Division No. I,

Nagpur”.

http://www.midcindia.org/

mailto:[email protected]


of 68

2. Abbreviations

MIDC - Maharashtra Industrial Development Corporation

EMD - Earnest Money Deposit

FSI - Floor Space Index

SPV - Special Purpose Vehicle

BEC - Bid Evaluation Committee

GoI - Government of India

GoM - Government of Maharashtra

Ha. - Hectare or Hectares

LCM - Lead Consortium Member

RFP - Request for Proposal

ECC - Exhibition-cum-Convention Centre

NH - National Highway

GC - Growth Centre

MICE - Meeting, Incentive, Convention & Exhibition

DCR - Development Control Regulations


of 68

3. Definitions

3.1 Project Agreement

It shall mean the draft agreement to be signed at the end of the bidding process, between

MIDC and the successful bidder and has been provided in Draft Project Agreement of this

RFP Document.

3.2 Bidder

The bidder shall be individual company/ consortium incorporated under the Companies

Act, 1956 (and if it is a foreign company, equivalent law abroad) OR an incorporated

entity under similar legislation.

3.3 Special Purpose Vehicle (SPV)

It shall mean a company, which needs to be incorporated under the Indian Companies

Act, 1956 by the bidder after being declared as the successful bidder for the purpose of

signing of the Project Agreement and implementing the project.

3.4 Successful Bidder

It shall mean the bidder who inter-alia meets the following requirements:

(a) who fulfils the technical and financial criteria

(b) who offers the highest value of the land premium payable to MIDC

(c) who adheres / consents to adhere to all other conditions laid by MIDC

(d) who is invited by MIDC for entering into the Project Agreement for the project.

3.5 Minimum Development Obligation

It shall mean the construction of the core facilities as defined in the section 6.2 of this

RFP.

3.6 Project Period

It shall mean the period as defined in the section 5.5 of this RFP.

3.7 Project

Project shall mean the building, operating and transfer of the ECC components and the

optional facilities.

3.8 Mandatory Facilities

It shall mean the construction of the core ECC components as defined in the section 4.2.3

of this RFP.

3.9 Optional Facilities

It shall mean the construction of the non-core ECC components as defined in the section

4.2.3 of this RFP

3.10 Bid Submission Due Date

It shall mean the due date as defined in the section 1 – Bid Summary of this RFP


of 68

4. Project Background

Maharashtra Industrial Development Corporation (MIDC) is a body incorporated by

Government of Maharashtra as the state level nodal agency empowered to promote

industrial development and infrastructure in the state of Maharashtra. MIDC intends to

develop an Exhibition cum Convention Centre (ECC) at Butibori, about 15 km from Nagpur

airport.

The city of Nagpur is centrally located. The upcoming large scale project “Multi-Model

International Passenger and Cargo Hub Airport at Nagpur (MIHAN)” is expected to increase

economic and industrial activities in the city. To meet the needs of increasing industrial and

commercial activities in and around Nagpur, MIDC proposes to develop an Exhibition centre.

The project shall be developed on approximately 20.3 acres of land situated in the Butibori

area of Nagpur. It would target the Meetings, Incentives, Conventions and Exhibitions

(MICE) segment in the city. The ECC would comprise of a convention hall, exhibition halls, a

hotel and other facilities.

4.1 Background of Nagpur

Nagpur is located at the geographical center of India and is the second capital of

Maharashtra. Nagpur in 2011 reported a population of about 24.05 lakh with an average

literacy rate of 93.13%. The City with an area of 217.6 sq.km has many natural as well as

artificial lakes.

It is also the seat of annual winter session of Government of Maharashtra (GoM). The city

falls under Vidarbha region of the state and is the third largest city in the state after Mumbai

and Pune. It is also known as “The Orange City” and “Tiger Capital of India”.

City administration is the responsibility of Nagpur Municipal Corporation (NMC), while

Nagpur Improvement Trust (NIT) carries out activities such as preparation of regional plan

for region, preparation of town planning schemes etc. NIT along with NMC works towards

implementation of various plans and schemes in the city.

4.1.1 Location

Nagpur district is located between 21*45 N to 20*30 N and 78*15 E to 79*45 E, which

essentially indicates that Nagpur district, is located in the Deccan Plateau. Nagpur is situated

274.5 mtrs to 652.70 mtrs above sea level and 28% of Nagpur is covered by forest. The city

has the Kanhan and Pench rivers flowing in the center, Wardha in the west, and Wainganga

river in the east. The city is 837 km east of Mumbai, 1,094 km south of Delhi, 1,092 km north

of Chennai and 1,140 km west of Kolkata.


of 68

4.1.2 Connectivity

Nagpur is well connected to rest of the country.

► Rail connectivity

Nagpur is well connected through rail to major

cities of the country. Major trunk routes- Mumbai,

Chennai, Howrah and Delhi, pass through the

city. It is the divisional headquarters for

the Central Railway and South East Central

Railway Zone of Indian Railways. With around

242 trains halting at Nagpur, it has become one

of the busiest junctions in India.

► Road Connectivity

Two National Highways No. 6 (Mumbai- Sambalpur- Kolkatta) & 7 (Varanasi-

Kanyakumari) cross through Nagpur. The distance of Nagpur from major cities in the

adjoining states has been shown in the below table:

Figure 4-1 Nagpur city map

Figure 4-2 Nagpur's connectivity to other states

http://en.wikipedia.org/wiki/Central_Railway_(India)

http://en.wikipedia.org/wiki/South_East_Central_Railway

http://en.wikipedia.org/wiki/South_East_Central_Railway

http://en.wikipedia.org/wiki/Indian_Railways#Railway_zones

http://en.wikipedia.org/wiki/Indian_Railways


of 68

Distance from

Nagpur

State Distance (in

kms)

Mumbai Maharashtra 837

Pune Maharashtra 732

Kolkata West Bengal 1140

Chennai Tamil Nadu 1092

Delhi Delhi 1094

Raipur Chhattisgarh 285

Bhopal Madhya Pradesh 349

Hyderabad Andhra Pradesh 499

Jawaharlal Nehru

Port Trust (JNPT)

Maharashtra 864

Mumbai Port Trust

(MbPT)

Maharashtra 860

Figure 4-3 Nagpur road map

► Air connectivity

Nagpur has an international airport viz. Dr. Babasaheb Ambedkar International

Airport. The airport handles around 4,000 passengers per day and caters to 1

international airline connecting Nagpur to Sharjah and6 domestic airlines connecting

to 12 cities essentially Mumbai, Delhi, Raipur, Calcutta, Bhubaneshwar and Pune.

This airport is slated to be the Multimodal International Hub Airport in India and its

http://en.wikipedia.org/wiki/Sharjah_(city)

http://en.wikipedia.org/wiki/Multi-modal_International_Cargo_Hub_and_Airport_at_Nagpur


of 68

development work started in 2005. The plan involves construction of a second

runway, a new terminal building and a cargo complex.

4.1.3 Nagpur as an Education & Research Centre

Nagpur is a major educational hub in Central India. There are more than 45 engineering

colleges in and around the city and 13 medical colleges and deemed universities. It is

estimated that around 10,000 engineers and 3,000 doctors graduate from these colleges

annually.

It is the headquarters of national scientific and governmental establishments such as the

National Environmental Engineering Research Institute (NEERI), the Central Institute of

Cotton Research (CICR), the National Research Centre for Citrus, the National Bureau of

Soil Survey and Land Use Planning, the Jawaharlal Nehru National Aluminium Research

and Development Centre, and the Petroleum and Explosives Safety Organisation (PESO),

formerly known as the Department of Explosives.

Nagpur is also home to the National Academy of Direct Taxes (NADT) and the National

Academy of Defence Production (NADP).

4.1.4 Tourism in Nagpur

Around 38 lakh domestic and foreign visitors visited Nagpur in 20121. The numbers are

further expected to increase over the next few years.

Many wild life sanctuaries, forests and temples are situated in and around Nagpur. Tourists

in large numbers particularly visit Pench National Park, Sevagram & Ramtek.

4.1.5 Industrial and economic profile of Nagpur

Nagpur is the main centre of commerce for Vidarbha region. The City has also emerged as

an important industrial town in the state, with Butibori Industrial area spanning over 2400 Ha.

This area mainly includes synthetic polyester manufacturing units, Koradi Thermal Power

Plant, Khaparkheda Thermal Power Plant and Reliance Thermal Power Plant.

Nagpur is witnessing an economic boom as the large scale project "Multi-Modal International

Cargo Hub and Airport at Nagpur (MIHAN)" is being developed. MIHAN will be used for

handling heavy cargo coming from South-East Asia and the Middle East.

MIDC has developed major industrial areas, mini industrial estates and Growth Centres (GC)

in the Nagpur district, details of which have been given below:

1 Tourism Statistics of Maharashtra March 2012

SN Industrial

estate/ Growth

center

Area planned

for acquisition

(Ha)

SN Industrial estate/

Growth center

Area planned

for acquisition

(Ha)

1. Butibori (5 star) 2439.22 9. Savner GC 74.02

http://en.wikipedia.org/wiki/NEERI

http://en.wikipedia.org/wiki/Petroleum_And_Explosives_Safety_Organisation

http://en.wikipedia.org/wiki/National_Academy_of_Direct_Taxes


of 68

4.1.6 Project MIHAN

GoM is developing a composite project MIHAN which comprises of developing the existing

domestic airport of Nagpur as an international passenger and cargo hub airport, along with a

Multi-Product Special Economic Zone (SEZ). The international passenger and cargo hub

airport woul be spread across 1,295 Ha. and would include a world-class terminal building

on about 30 lakh sq.ft. built-up area, a second parallel runway of 4,000 mt. length and 60 mt.

width and an exclusive cargo complex. It will have a holding capacity of about 100 aircrafts.

MIHAN is expected to provide direct employment to 1,50,000 people and indirectly provide

employment to 3,00,000 people.

Two global IT companies namely Infosys and Tata Consultancy Services (TCS) and Air

India-Boeing Maintenance Repair Overhaul (MRO) facility would provide employment

opportunities to thousands of youths in the region.

4.2 The Exhibition-cum-Convention Centre Project

The proposed site for ECC is located in Butibori area about 20 km from Nagpur airport.

MIDC has earmarked land admeasuring 20.3 acre in this area for the proposed ECC project.

4.2.1 About Butibori Industrial Area

MIDC established Butibori Industrial Area in 1992 and is 28 Km from Nagpur. The total area

planned for development is 2428.14 Ha. 2512 industrial plots have been curved out, out of

which 2164 industrial plots have been allotted. To encourage the entrepreneurs, MIDC has

constructed 46 work sheds. This industrial estate has been given five star status by GoM. IT

park (20 Ha.), Textile park (204 Ha.), Apparel park (68 Ha.), Weaver’s park (147 Ha.) are

proposed in the area. For phase II, Additional Butibori Area was proposed in 2008 with a

total planned area of 1500 Ha. The process for acquisition of 1300 Ha. of land has been

completed and process of acquiring 200 Ha. is underway. The development works at

Butibori Phase II has started.

The industrial area is getting itself established as a textile zone with the presence of major

textile units such as Indorama Synthetic (I) Ltd, Woolworth, Fabworth, Texprint and Morarjee

2. Butibori Stage II 1668.39 10. Bhiwapur Mini 12.68

3. Kamptee-Kanan 129.5 11. Kuhu Mini 15.55

4. Kalameshwar 116.76 12. Narkhed Mini 21.17

5. Nagpur 749.28 13. Parshivni Mini 12.00

6. Nagpur (IT Park

Parasdi) 11.66

14. Ramtek Mini

9.94

7. Umred GC 326.01 15. MOUDA NTPC I 695.38

8. Katol GC 143.92 16. MOUDA NTPC II 338.06

http://businesstoday.intoday.in/story/infosys-bpo-collaborates-with-costa-rica-to-train-students/1/202839.html


of 68

Brembana Ltd. To make this industrial estate a model one, MIDC has also provided

residential and commercial zones for workers and executives, within the Industrial Area.

Additionally City and Industrial Development Corporation of Maharashtra Limited (CIDCO)

too has started its housing scheme in the area.

4.2.2 Site details

Two land parcels about 235 mt. apart by road with a total area of 20.3 acre, have been

earmarked for the development of ECC – (Plot I-1 with area of 15.35 acre and a 4.95 acre

plot). Butibori has a FSI of 1. However, to increase the feasibility of the project, MIDC has

proposed to give additional 0.5 FSI for the given land parcels.

► Plot 1: 15.35 acre

This land parcel is ~ 60 mt. away from NH7 and is well connected to it, through 30mt.

wide road on two sides. The site has Lokmat Press building to its north and many

commercial plots to its right.

► Plot 2: 4.95 acre

This land parcel is also well connected to NH7 through 30mt wide road on two sides.

To its south is Plot I-2 which has been allotted to Pyramid Infrastructures. However

no construction has taken place yet. Plot P-42 to its left has a school for blind

children.

MIDC’s water pipelines extend till both these land parcels and ensures adequate water

supply in the area.

Figure 4-4 Site on Butibori Map


of 68

► Site connectivity from Nagpur

Both the plots are well connected to Nagpur through National Highway No. 7.

SN Distance of site from Distance (km)

1. NH 7 0.5

2. Butibori Railway Station 4

3. Nagpur Railway Station 30

4. Nagpur Airport 20

4.2.3 Policy & Regulatory Framework

► Development Authority: This area falls under MIDC, the nodal agency responsible for

planning and development of industrial area. The bye-laws and development control

regulations applicable for this site are laid as under MIDC Development Control

Regulations.

► Zoning Plans & Development Controls: Refer to Appendix 1C of the RFP.

Figure 3-5 Site layout


of 68

4.2.4 Project Components

The project is envisaged to have Core ECC components such as a convention hall,

exhibition halls, meeting rooms, hotel etc. and Non-Core components such as commercial

and retail space to increase the viability of the project.

The components are detailed below:

i) Core ECC components (mandatory):

One outdoor exhibition space

One multi-purpose indoor convention hall

One indoor exhibition hall (Construction of this hall is optional and could be

developed in future as and when it viable for the developer. However, if not

constructed, specific area for the same should be earmarked and left open for future

viability)

Two Meeting Halls

One Board Room

One VVIP Lounge

Administrative and office space

Food and beverages facilities

Car parking to be made as per MIDC/Local Building Bye-Laws (open car parking)

A hotel with 75 rooms of minimum 4 star category

Support facilities and on-site infrastructure like internal road network, parking areas,

security, air conditioning, landscaping, power, water supply, rain water harvesting,

sewage treatment, solid waste management and other services required for the

project.

ii) Non-core ECC components (optional):

Commercial space

Retail space

Figure 4-6 Site pictures


of 68

As the site is 20 km from Nagpur airport, a hotel will add to the attractiveness of the project

and also make the project open to other uses such as marriages, which would increase the

viability of the project. The hotel will cater to the demands of both visitors coming for

exhibitions and conferences and tourists.

Further, the SPV will have flexibility to develop remaining land as commercial and retail

space. These commercial and retail facilities are expected to enhance the viability of the

project. There are no time restrictions on development of these Non-core components during

the entire Project period.

4.2.5 Meetings, Incentives, Conventions and Exhibitions (MICE) market in Nagpur

Presently, Nagpur hosts around 10-15 big exhibitions/ conferences (such as Krishi Vasant,

Advantage Vidarbha, INDEXPO, Property Expo etc.) in a year which attract as many as 500-

1500 exhibitors and visitors. It also hosts a number of small conferences (50-200 visitors &

attendees) throughout the year which includes various Doctors’ and Pharma conferences.

All these exhibitions and conferences are organized in hotels in Nagpur and some open

grounds (Hotel Centre Point, Hotel Tuli Imperial, Hotel Tuli International, Hotel Radisson

Blue, Hotel Pride, Hotel Sun & Sand, Kasturchand Park, Bishop Cotton Ground etc.). Since

Nagpur has very few options for organizing large scale conferences, with expected industrial

growth, there will be huge demand for Convention Halls in near future.

There are more than 700 hotel rooms in 7 major hotels (3, 4 and 5 star category) in Nagpur,

which attract exhibitors and tourists. Average occupancy of these hotels is ~62%.

Viewing the upcoming MIHAN project and expected boom in business and IT industry in and

around Nagpur, there is an increased demand for setting up a convention centre for central

India. The proposed ECC is expected to attract visitors not only from Maharashtra but also

from cities like Bhopal, Raipur, Indore etc.

4.2.6 Financial assessment of the project

► Project Cost

It is estimated that the project would require an investment of about Rs. 109 crore for

core components (ECC and hotel) and Rs. 141 crore for Non-core components,

including constructionp costs, overheads, price contingencies, etc. It should be noted

that development of the commercial and retail space is as per the discretion of the SPV

and there are no time restrictions on development of these Non-core components during

the entire Project period.

► Revenue from the project

The Project would have following sources of revenue generation:

Revenue from the Convention Centre, Exhibition halls, Meeting rooms

Revenue from the proposed Hotel

Revenue from Optional facilities


of 68

Parking

5. Implementation Framework

5.1 Implementation Structure

The Project is to be implemented through a Special Purpose Vehicle (SPV) formed by the

bidder/ consortium members. The bidder/ consortium members selected through a

competitive bidding process would enter into a Project Agreement with MIDC to design,

build, finance, operate the project facilities over the pre-agreed Project Period and transfer

the same to MIDC at the end of the Project Period. The Project Period is 40 years from the

day the Environment Clearance is granted for the Project.

5.2 Role of SPV

5.2.1 Development of Minimum Development Obligation facilities

5.2.2 Designing, engineering, financing, construction, marketing, operation,

maintenance and management of the ECC and Four Star Hotel during the

Project Period.

5.2.3 To get and retain accreditation as a four (4) star hotel facility during the Project

Period.

5.2.4 Preparation and submission of Detailed Project Report (DPR) including

designing, engineering of project facilities, conforming to Bye-Laws and other

requirements mentioned in the RFP.

5.2.5 Procure all the required clearances/ approvals required for commencement of

construction and operations of project including approval of all necessary

drawings and designs for the construction of project.

5.2.6 Execution of construction works of the project based on the DPR approved by

the Engineer/ MIDC Project Committee.

5.2.7 Operation and maintenance work of the project for the duration of the Project

Period.

5.2.8 Collect user charges/ tariffs/ rentals from the users of the project and

commercial spaces permitted under the project.

5.2.9 Provide full power back-ups for project.

5.2.10 Inform concerned authorities such as Police, Ambulance, etc. in case of

emergency.

5.2.11 Hand over the project along with assets at the end of the Project Period.

5.2.12 Undertake any such activities relevant for execution of the Project.

Benefits to SPV

Project site leased to Successful Bidder at nominal rates by MIDC.

FSI of 1 and additional FSI of 0.5 is given on the Project site.

Right to earn revenues from ECC & Four Star Hotel facility.

Right to earn revenues from non-core component like commercial and retail (as permitted in the RFP).

Right to earn revenues from other food & beverage outlets such as coffee shops, restaurants etc.


of 68

5.3 Role of MIDC

5.3.1 MIDC shall be responsible to give land on lease with ‘clear title’ free of

encumbrance to the SPV for developing the Project components. 5.3.2 The environmental clearance for the project will be facilitated by MIDC, once

the building plans and relevant documents are submitted by the SPV to MIDC.

The construction will start only after the environment clearance is taken. 5.3.3 The land required for creating the Project Facilities will be leased to the

Successful Bidder as per the Project Period given in Project Agreement. 5.3.4 Subletting/ Subleasing charges on the Project components would be exempted

on first time subletting/ subleasing. Any subsequent subletting/ subleasing of

components will be charged as per MIDC norms. 5.3.5 MIDC would regularly monitor the Project and update the Joint CEO - MIDC on

monthly basis by appointing a committee.

5.4 Project Agreement

MIDC shall enter into a Project Agreement with the Successful Bidder, giving the

requisite rights for construction, operation and maintenance of the Project facilities

throughout the Project Period. MIDC will regularly monitor the Project. For any

changes in the plan of the project at the time of execution, prior approval of MIDC is

required for the implementation of the plan. At the end of the Project Period, the

project facilities, which are to be in a fully operational and satisfactorily maintained

condition, would be transferred to MIDC or its designated agency as per the terms of

the Project Agreement.

5.5 Project Period

The Project Period would be 40 years (including maximum 36 months for

construction for core components, which shall commence after obtaining

Environment clearance from MoEF).

The period of 36 months for construction may be extended on valid reasons by MIDC

for 6 months. Further, it can be extended by 6 months more if MIDC is convinced by

the reasons for delay. The period can be extended by another one year if the

construction is structurally over but due to some reasons the ECC & hotel operations

are not started, but with a charge of 5% of land cost. At the end MIDC would take the

final decision which will be binding on the SPV.


of 68

6. Development Brief

6.1 Scope of Work

The responsibility of the SPV shall include all activities that are required to be

undertaken, in order to comply with the Minimum Development Obligations, Land Use

and Applicable Development Controls provided in this section of RFP. The facilities

would need to be planned, designed and constructed in accordance with the

Specifications & Standards provided in Annexure 1 and Maintenance and Performance

Standards provided in Annexure 2 of this section of RFP.

The Scope of the Project includes design, construction, management, operation and

maintenance of the following components for the Project Period of 40 years.

6.1.1 Minimum Development Obligations (Core Facilities):

Sno. Component Minimum

Units

Minimum area per

unit (sq ft.)

1 One Outdoor Exhibition Space 200 Stalls 538

2 One Multi-Purpose Indoor Convention Hall (divisible into 4 parts) 600 Delegates 161

3 Indoor Exhibition Hall (divisible into 4 parts) - Construction optional & it could be developed in future as per the market demand. The specific area for the same should be earmarked and left open for future viability 500 Delegates 108

4 Two Meeting Halls 100 & 50 Delegates 108

5 One Board Room 30 Delegates 108

6 One VVIP Lounge 30 Delegates 108

7 Administrative and Office Space

8 Food and beverages Facilities

9 Hotel of atleast 4-star category or more 75 Rooms

10 Provision of adequate car parking to be made as per MIDC/Local Building Bye-Laws

11 Support Facilities and on-site infrastructure like internal road network, parking areas, security, air conditioning, landscaping, power, water supply, rain water harvesting, sewage treatment, solid waste management and other services required for the project.

6.1.2 Optional Facilities

Commercial Space

Retail Space

Any other development would require prior approval of MIDC

6.1.3 The following functions/ products are not permitted for development

Industrial activities

Hostel

“Warehousing” (except such warehousing facility which is incidental to the use of

Exhibition-cum-Convention Centre)/ Wholesale Activity


of 68

Car Service Garage

Large Workshops

Other environmentally incompatible functions

Any other development which is in conflict with the interest of operations and

functions of MIDC.


of 68

7. Information & Instruction to Bidders

7.1 Scope of Bid

► MIDC would like to receive Bids from experienced and capable Bidders for proposal

in respect of the Project.

7.2 Eligible Bidders

► The Bidder may be a single company or a group of companies (hereinafter referred

to as Consortium), coming together to implement the Project. The term Bidder used

hereinafter would therefore apply to both a single entity and/or a Consortium.

► The Bidder should submit a Power of Attorney as per the format enclosed in

Appendix 1A, authorizing the signatory of the Bid to commit the Bidder.

► Bid submitted by a Consortium should comply with the following additional

requirements:

a. Number of members in a consortium would be limited to maximum of 4 (four)

b. The Bid should contain the information for each member of the Consortium

c. The purchaser of the RFP document must be the Bidder itself or member of the

Consortium submitting the bid.

d. An individual Bidder cannot at the same time be member of a Consortium

applying for this Project. Further, a member of a particular Consortium cannot be

member of any other Consortium applying for this Project; an undertaking

towards this end needs to be submitted by all members.

e. Members of the Consortium shall nominate one member as the Lead Member.

The nomination shall be supported by a Power of Attorney as per the format

enclosed in Appendix 1B.

f. Members of the Consortium shall enter into a Memorandum of Understanding

(MOU) as per the format enclosed in Appendix 10 and duly notarized for the

purpose of making and submitting the Bid. The MOU shall, inter alia:

i. Convey the intent to form a Special Purpose Vehicle with shareholding

commitment(s) as stipulated in this document, which would enter into the

Project Agreement and subsequently carry out all the responsibilities as per

the Project Agreement, in case the Project is awarded to the Bidder.

ii. Clearly outline the proposed roles and responsibilities of each member in

case of Consortium at each stage.

iii. Commit the minimum equity stake as stipulated.

iv. Include a statement to the effect that all members of the Consortium shall be

liable jointly severally for the execution of the Project in accordance with the

terms of the Project Agreement.

g. In case of Consortium, the Lead Member shall hold at least 51% share in the

shareholding pattern of the SPV.

h. The other members of the consortium shall hold a minimum of 11% share each in

the shareholding pattern of the SPV.


of 68

► Notwithstanding anything stated elsewhere in this document, MIDC shall have the

right to seek updated information from the Bidders to ensure their continued eligibility.

Bidders shall provide evidence of their continued eligibility in a manner that is

satisfactory to MIDC. Bidder may be disqualified if it is determined by the MIDC, at

any stage of the process, that the Bidder will be unable to fulfill the requirements of

the Project or fails to continue to satisfy the Eligibility Criteria. Supplementary

information or documentations may be sought from Bidders at any time and must so

be provided within a reasonable time frame as stipulated by MIDC.

► Any entity which has been barred or disqualified or disqualified either by GoI or GoM

or their Departments or agencies from participating in projects (BOT or otherwise)

and such disqualification subsists as on the Bid date, would not be eligible to submit

a Bid, either individually or as member of a Consortium. Bidder to submit an affidavit

to this effect.

7.3 Rules regulating the Consortium

The objective of this stage is to outline the Rules regarding the Consortium. The

Envelope A shall contain the information in respect of the Bidder/Consortium. Following

are the rules which shall guide the operation of the Consortium:

7.3.1 Rules regulating the participation of a Consortium of companies

MIDC may consider a bid submitted by a consortium of companies subject to the

following conditions:

1. The Consortium Members should not exceed 4 (four).

2. The foreign construction company / Developer may apply directly for the project or

in association with Indian Partner subject to the prevailing GOI, FDI and Indian Laws.

3. The members of the Consortium must form a Special Purpose Vehicle (SPV) and

submit an MOU.

4. The commercial arrangements and roles and responsibilities between the

consortium partners should be specified in MOU and duly executed copy of MOU

should be submitted along with the proposal. The MOU to be entered into between

the Consortium members as per Appendix 9 of this RFP Document shall reflect the

above.

5. The members of the Consortium shall designate among themselves one member

as “Lead Consortium Member (“LCM”).

6. LCM shall hold a minimum of 51% equity in the SPV and each of the other

Consortium member shall hold a minimum of 11% in the SPV.

7. The members of the Consortium shall execute Power of Attorney as per the format

enclosed in Appendix 1B of RFP Document.


of 68

8. A bidder who has applied for a project in its individual capacity or as a part of a

consortium cannot participate as a Member of any other Consortium applying for this

Project.

7.3.2 Change in Composition of Consortium

No change in Consortium members shall be allowed for the project period. The LCM

shall invest minimum 51% of the equity towards the project and it shall not be

allowed to be changed over the entire project period and shall continue to hold stake

in the Consortium till the start of Commercial Operations. However, the LCM shall be

allowed to dilute the stake after the commercial operations date with the approval of

the MIDC such that the stake of the LCM in the consortium shall not fall below 26%

at any time till the end of project period.

7.4 Number of Bids

Each Bidder shall submit only one (1) Bid in response to this RFP. Any Bidder, which

submits or participates in more than one Bid will be disqualified and will also cause the

disqualification of the Consortiums / Bidder of which it is a member as the case may be.

7.5 Bid Preparation Cost

The Bidder shall be responsible for all of the costs associated with the preparation of its

Bid and its participation in the Selection process. MIDC will not be responsible or in any

way liable for such costs, regardless of the conduct or outcome of the qualification

process.

7.6 Project Inspection and Site Visit

► It is desirable that each Bidder submits its Bid after inspecting the sites; and

ascertaining for itself the location, surroundings, access, transport, right of way or any

other matter considered relevant by it.

► Site visit may be facilitated by MIDC. A prospective Bidder may notify MIDC in writing

3 days prior to plan the visit. MIDC would endeavor to facilitate the site visit

depending upon the availability of the concerned officials.

► It would be deemed that by submitting the Bid, Bidder has:

a. Made a complete and careful examination of the RFP and

b. Received all relevant information requested from MIDC.

► MIDC shall not be liable for any mistake or error on the part of the Bidder in respect

of the above.

7.7 Right to Accept or Reject any or all Bids

► Notwithstanding anything contained in this RFP, MIDC reserves the right to accept or

reject any Bid and to annul the bidding process and reject all Bid, at any time without

any liability or any obligation for such acceptance, rejection or annulment, without

assigning any reasons.


of 68

► MIDC reserves the right to reject any Bid if:

a. At any time, a material misrepresentation is made or uncovered, or

b. The bidder does not respond promptly and thoroughly to requests for

supplemental information required for the evaluation of the Bid.

c. The proposal deviates from the commercial parameters of this RFP document.

Such misrepresentation / improper response would lead to the disqualification of the

Bidder. If the Bidder is a Consortium, then the entire Consortium would be

disqualified / rejected.

7.8 Contents of RFP Document

The RFP Document comprises the contents as given in the Table of Contents and would

additionally include any Addenda issued in accordance with the provisions of this

Document.

7.9 Clarifications

Interested parties may address their queries relating to the RFP Document in writing or

by email to Superintending Engineer, MIDC, Udyog Bhawan, 4th Floor, Near High Court,

Civil Lines, Nagpur or [email protected]. The queries should reach the above

latest by 17:00 hrs on 25/09/2014.

7.10 Amendment of RFP

► At any time prior to the deadline for submission of Bid, MIDC may, for any reason,

whether at its own initiative or in response to clarifications requested by any Bidder,

modify the RFP Document by the issuance of an Addendum.

► Any Addendum thus issued will be sent in writing to all those who have purchased

the RFP Document and shall also be uploaded on www.midcindia.org.

7.11 Language

The Bid and all related correspondence and documents should be written in the English

language. Supporting documents and printed literature furnished by Bidder with the Bid

may be in any other language provided that they are accompanied by appropriate

translations of the pertinent passages in the English language duly certified

appropriately. Supporting materials, which are not translated into English, may not be

considered. For the purpose of interpretation and evaluation of the Bid, the English

language translation shall prevail.

7.12 Currency

The currency for the purpose of the Bid shall be the Indian Rupee (INR). The conversion

to Indian Rupees shall be clearly indicated in the Appendix 4. In all such cases, the

original figures in the relevant foreign currency and the INR equivalent thereof must be

given. The exchange rate(s) applied shall be clearly stated. The conversion to Indian

Rupees shall be based on the closing exchange rate published by the Reserve Bank of

India as on July 31, 2014. MIDC reserves the right to use any other suitable exchange

rate for the purposes of uniform evaluation for all Bidders.

http://www.midcindia.org/


of 68

7.13 Validity of Bid

Bids shall remain valid for a period not less than 180 days from the Bid Submission Due

Date. MIDC reserves the right to reject any Bid, which does not meet this requirement.

7.14 Format and Signing of Bid

► The Bidder would provide all the information as per this RFP Document. MIDC would

evaluate only those Bids that are received in the required format and are complete in

all respects.

► The Bidder shall prepare one original of the documents comprising the Bid and

clearly marked "ORIGINAL".

► The Bid and its copies shall be typed or written in indelible ink and each page shall

be initialed and stamped by the Bidder. All the alterations, omissions, additions, or

any other amendments made to the Bid shall be initialed by the person(s) signing the

Bid.

7.15 Sealing and Marking of Bids

The bidder shall submit their bid in a sealed envelope and mark it as “Proposal for

developing Exhibition cum Convention Centre at Butibori, Nagpur”.

The bid shall comprise a single package containing two separate envelopes. Each

envelope shall contain separately the technical and the financial proposal.

► The envelope should be marked as “ Envelope A- TECHNICAL BID” and shall

contain:

a. Power of Attorney for the signing authority as per the format enclosed at

Appendix 1A,

b. Power of Attorney for the LCM as per the format enclosed at Appendix 1B, in

case of Consortium;

c. Bidder details (Appendix 2)

d. Bid in the prescribed format (Appendix 3) along with supporting documents;

e. Completed Format for Experience as in Appendix 4 (BRS 1 to 2), along with

supporting documents.

f. Completed Format for Financial Capability Evaluation as in Appendix 5 (BRS3

&4) and Appendix 6, along with supporting documents.

g. Format of Anti collusion certificate as in Appendix 7.

h. Format of Project Undertaking as in Appendix 8A

i. In case of a Consortium, an undertaking from each member of Consortium

certifying that it is an exclusive member of that particular consortium alone and

not a member of any other consortium nor an independent Bidder, bidding for this

project and has submitted only one (1) Bid in response to this RFP. (Appendix

8B)

j. MOU in case of a Consortium (Appendix 9);

k. Letter of Acceptance as per Appendix10

l. Earnest Money Deposit (DD)


of 68

m. RFP cost (DD)

n. Documentary evidence, if applicable, relating to experience of group

companies/associates.

o. If the bidder is a Non-Indian it shall also submit:

- His valid registration certificate or business license copy of construction field in

appropriate class issued by their respective government department of the

respective country.

- The work experience certificate of their respective government department or

government undertaking of respective country for projects completed as specified

in the tender document. Such certificate shall be issued by the respective

government officer of that country not below rank of Executive Engineer or

equivalent rank officer.

- If the valid registration certificate or business license copy of construction field in

appropriate class AND work experience certificate AND any other document

submitted by Non-Indian firm are in English or in other than English language,

then the Non-Indian firm shall submit the translated documents in English

language only duly verified, certified and attested by Indian Embassy/ Indian

Consulate in that respective country.

- Concept layout / walkthrough in form of a PowerPoint Presentation with

broad idea, block plan showing land use as per MIDC DCR, phasing,

design, components, ordering & sizing of the components etc. for the ECC

project

Please note that MIDC retains the right to ask for any further information/

clarification during the Bid Process.

► The Financial bid shall be marked as “Envelope B- FINANCIAL BID” and should be

sealed properly.

The Envelope should be sealed properly. If the envelope is not sealed and marked as

instructed above, MIDC assumes no responsibility for the misplacement or premature

opening of the contents of the Bid submitted.

7.16 Submission of Bid

Bidders have to submit both the Technical and Financial Bid by the date mentioned in

Bid Summary at the below address:

The Superintending Engineer,

MIDC, Udyog Bhawan,

4th Floor, Near High Court, Civil Lines,

Nagpur- 440001, Maharashtra, India

Phone: 07104-236769

7.17 Bid Submission Due Date

Bid Submission Due Date mentioned in the Bid Summary, at the address provided above

in the manner and form as detailed in this RFP. Bids submitted by either facsimile

transmission, telex or e-mail will not be considered for evaluation and shortlisting.


of 68

However, MIDC reserves the right to extend the Bid Submission Due Date and Time, at

any time prior to opening of RFP Bids; in such cases the bids received prior to such

extension shall not be opened. Further, if the RFP document is materially modified

along/during such extended period, the bids received prior to extension shall be returned

to the applicants unopened and appropriate time shall be allowed for resubmission of the

bids.

7.18 Late Bids

Bids received after the Bid Submission Due Date shall not be considered.

7.19 Modifications/ Substitution/ Withdrawal of Bids

The Bidder may modify, substitute or withdraw its bid after submission, provided that

written notice of the modification, substitution or withdrawal is received by MIDC before

the Bid Submission Due Date and time. No bid shall be modified or substituted or

withdrawn by the Bidder after the Bid Submission Due Date and time.

7.20 Evaluation of Bid - Due Date

MIDC would examine and evaluate Bids in accordance with the criteria set in Section 9

After the evaluation of Technical Bids has been completed, MIDC shall open the

Financial Bids of only those Bidders who qualify the prescribed Financial and Technical

capability criteria.

MIDC would open the Financial bids on the date mentioned in the Bid Summary, for the

purpose of evaluation.

7.21 Evaluation of Bid - Supporting Documents

MIDC reserves the right to call for supporting documentation to verify the data provided

by Bidders, at any time during the bidding process. The Bidder in such cases would need

to provide the requested clarification / documents promptly and within the stipulated time

failing which the Bidder is liable to be disqualified at any stage of the bidding process.

7.22 Evaluation of Bid - Right to Reject

MIDC reserves the right to reject any Bid if:

(a) At any time, a material misrepresentation is made or uncovered; or

(b) The Bidder does not respond promptly and thoroughly to requests for supplemental

information required for the evaluation of the Bid.

7.23 Confidentiality

Information relating to the examination, clarification, evaluation, and recommendation for

the short-listed Bidders shall not be disclosed to any person not officially concerned with

the process. MIDC will treat all information submitted as part of Bids in confidence and

would require all those who have access to such material to treat the same in

confidence. MIDC will not divulge any such information unless it is ordered to do so by

any authority that has the power under law to require its disclosure.


of 68

7.24 Tests of responsiveness

► Prior to evaluation of Bids, MIDC will determine whether each Bid is responsive to the

requirements of the RFP. A Bid shall be considered responsive if the Bid:

a) Is received by the Bid Submission Due Date including any extension

b) Is accompanied by MOU in case of a Consortium, if applicable, duly supported by

Board resolution and charter documents

c) Contains information required as per Appendix 3, 4(BRS 1 to2), 5(BRS 3 to 4) and 6.

d) It is accompanied by proof of payment of Bid Document Fee of Rs. 25,000/- paid by

way of DD.

e) It is accompanied by proof of payment of Earnest Money Deposit paid by way of DD;

f) Letter of Acceptance as per Appendix-10

h) Contains all the documents which were to be submitted as per the provisions of this

Document.

MIDC reserves the right to reject any Bid which is non-responsive and no request for

alteration, modification, substitution or withdrawal shall be entertained by MIDC in

respect of such Bids.

7.25 Clarifications from Bidders

To facilitate evaluation of Bids, MIDC may at its sole discretion, seek clarifications in

writing from any Bidder regarding its Bid.

7.26 Qualification and Notification

After the evaluation of Bids, MIDC would announce a list of Bidders who meet the

Qualification Criteria. At the same time, MIDC would notify the other Bidders that their

Bids have been unsuccessful.


of 68

8. Other Instructions

8.1 General Provisions

► Non-Discriminatory and Transparent Bidding Proceedings

MIDC shall ensure that the rules for the Bid Process for the Project are applied in a

nondiscriminatory, transparent and objective manner. MIDC shall not provide to any

Bidder, information with regard to the Project or the Bidding Process, which may

have the effect of restricting competition.

► Prohibition against Collusion with other Bidder

Each Bidder shall warrant by its Bid that the contents of its Bid have been arrived at

independently. Any Bid which has been arrived at through consultation, collusion, or

understanding with any other prospective Bidder for the purpose of restricting

competition shall be deemed to be invalid and the Bidder shall lose its Earnest

Money Deposit. The anti-collusion certificate submitted at the time of submission of

RFP shall be applicable.

► Inducements

Any effort by a Bidder to influence processing of Bids or award decision by MIDC or

any officer, agent or Advisor thereof may result in the rejection of such Bidder’s Bid.

In such a rejection of Bid, the Bidder shall lose its Earnest Money Deposit.

8.2 Confidentiality

► MIDC shall treat all Bids and other documents, information and solutions submitted

by Bidders as confidential, and shall take all reasonable precautions that all those

who have access to such material, treat this in confidence. MIDC will not divulge any

such information unless it is ordered to do so by any authority, which has the power

to require its release.

► MIDC shall have the right to release the Bid information provided by the Bidders to its

Advisors for the purpose of Bid evaluation and negotiations. Each Bidder shall have

the right to release these RFP Documents and other Documents to its advisors and

to financial institutions for the purpose of Bid preparation, negotiations and financing.

Both MIDC and the Bidder shall ensure that their Advisors and/ or financial

institutions treat this information in confidence.

8.3 Communication between Bidders and MIDC

All communication, unless specified otherwise, on these RFP Documents to MIDC shall

be addressed to:


MIDC, Udyog Bhawan,

4th Floor, Near High Court, Civil Lines, Nagpur- 440001, Maharashtra, India

Phone: 07104-236769 / +91 810819181/ +91 8108533210

E-Mail: [email protected], Website: midcindia.org


of 68

All communication to the Bidder shall be sent to the Authorised Representative &

Signatory at the addresses mentioned in the covering letters to this RFP, unless MIDC is

advised otherwise.

8.4 Interpretation of Documents

MIDC will have the sole discretion in relation to:

► The interpretation of this RFP, the Proposals and any documentation provided in

support of the Proposals; and

► All decisions in relation to the evaluation and ranking of Proposals, whether or not to

request for any clarifications or additional information from Bidder in relation to its

Proposal and the selection of the Successful Bidder.

► MIDC will have no obligation to explain its interpretation of this RFP, the Proposals or

their supporting documentation and information or to explain the evaluation process,

ranking process or the selection of the Successful Bidder.

8.5 Pre-Bid Conference

► MIDC will hold a Pre-Bid Conference on 29/09/2014 at 11:30 hrs at MIDC, Udyog

Sarathi, Mahakali Caves Road, Andheri (E), Mumbai 400093 in order to clarify and

discuss any provision or requirements with respect to technical/ commercial

parameters of the Project and RFP Document. Decisions communicated to bidders

after pre-bid or otherwise shall become part of the RFP documents.

► Attendance of the Bidder at the Pre-Bid Conference is not mandatory. However,

subsequent to the date of the Pre-Bid Conference, MIDC may not respond to

questions or inquiries from any Bidder.

8.6 Enquiries concerning the RFP / Draft Project Agreement

► To make the Pre-Bid Conference more productive, MIDC encourages a careful

review of these RFP Documents and preparation of the observations/ comments by

the Bidder. The Bidder should send their comments in writing or by email

([email protected]) till the date of Pre-Bid Conference. Inquiries/ comments

received after the set time limit may not be addressed at the Pre-Bid Conference by

MIDC.

► MIDC at its discretion may respond to inquiries submitted by any Bidder after the

date of the Pre-Bid Conference. Such a response will be sent in writing to all the

Bidders and will qualify as an “Addendum”.

► No interpretation, revision or other communication regarding this solicitation is valid

unless in writing and is signed by an officer so designated by the Additional Chief

Engineer of MIDC. Written copies of MIDC responses, including a description of the

inquiry but without identifying its source, will be sent to all the Bidder(s) and will qualify

as an “Addendum”.

mailto:nagpur@midcindia.


of 68

8.7 Amendment of RFP

► On its own initiative or on the basis of the Pre-Bid Conference and any further

discussions with any/ all Bidder(s), MIDC may at its own discretion make changes in

the technical/commercial parameters for the Project, which would be common for all

the Bidders. Such changes in the technical / commercial parameters of the Project

will qualify as an “Addendum”.

► The Addendum will be posted on the website of MIDC i.e. www.midcindia.org and will

be binding on the bidders. Each such Addendum shall become part of the RFP

Documents.

► In order to offer prospective Bidders a reasonable time to take into account an

Addendum while preparing their Proposals, or for any other reason, MIDC may, at its

discretion, extend the Proposal Due Date.

8.8 Submission of Bids

► Document Fees

The Bidder shall submit Document Fee of Rs. 25,000/- (Rupees Twenty Five

Thousand only) along with the Proposal.

The Bid Document Fee shall be submitted by way of DD in favour of “Executive

Engineer, MIDC, Division No. I, Nagpur” along with the proposal.

The Bid Document Fee is non-refundable.

Bids not accompanied by Bid Document Fee shall be rejected.

8.9 Bid Opening

► All Bids received by MIDC will remain sealed and unopened in MIDC’s possession

until the Bid Due Date. MIDC shall open all Bids, received on or prior to the Proposal

Due Date mentioned under Schedule of Selection Process or on any date as

extended by MIDC and communicated to the bidders. The Bids shall be opened in

the presence of Bidders’ representatives, who choose to attend. Bidders’

representatives attending the Bid Opening shall register to evidence their presence.

► The following information will be announced at the Bid opening and recorded:

► Bidder’s names

► Names of Consortium Members

8.10 Earnest Money Deposit

► The Bidder shall submit an Earnest Money Deposit (EMD) for an amount of Rs.

1,25,00,000/- (Rs. One crore twenty five lakh only) along with its Proposal.

► The Earnest Money Deposit shall be submitted by way of DD in favour of “Executive

Engineer, MIDC, Division No. I, Nagpur”.

► MIDC shall have the right to reject the Proposal, which does not include the EMD as

non-responsive.


of 68

► The EMD of Unsuccessful Bidders shall be returned on signing of the project

agreement by the successful bidder.

► The EMD of the Successful Bidder shall be returned on submission of Performance

Security by the Successful Bidder to MIDC.

► In addition to the above, MIDC will release EMD of all the Bidders in the event MIDC

decides to terminate the Bidding Process.

► The EMD shall be forfeited by MIDC, in any of the following case :

► The Bidder withdraws his bid after the Proposal Due Date

► Successful Bidder fails to accept Letter of Intent

► Successful Bidder fails to submit the Performance Security

8.11 Performance Security

The Successful Bidder shall for due and faithful performance of its obligations during the

Project completion, provide to MIDC a performance security of 10% (ten percent) of the

project cost of in the form of Bank Guarantee (in the format prescribed in the RFP

Document refer Appendix 12) from SBI or any Nationalised Bank or Indian Scheduled

Commercial Bank.

The Performance Security shall be valid for a period of twelve months and shall be

renewed every year, at least 30 days prior to the last date. All charges, fees, costs and

expenses related to the Bank Guarantee shall be borne and paid by the SPV.

The Performance Security shall be provided within 15 days from the date of issue of

Letter of Award by MIDC. The Performance Security shall be released to the Successful

Bidder as per provisions of the Draft Project Agreement as follows:

Performance Security in the form of bank guarantee shall be released to the

Concessionaire after completion of project period i.e. 40 years.

If the Project Agreement is terminated due to any event other than a successful bidder

event of Default, the Performance Security shall, subject to the MIDC’s right to receive

or recover amounts, if any, due from the successful bidder under this Project

Agreement, be duly discharged and released to the successful bidder.

Upon occurrence of a successful bidder default, the MIDC shall, without prejudice to its

other rights and remedies hereunder or in law, are entitled to invoke and appropriate the

relevant amounts from the Performance Security as Damages for such successful

bidder. Upon such invocation and appropriation from the Performance Security, the

successful bidder shall, within 15 (fifteen) days thereof, replenish, in case of partial

appropriation, the Performance Security to its original level, and in case of appropriation

of the entire Performance Security provide a fresh Performance Security, as the case

may be, and the successful bidder shall, within the time so granted, replenish or furnish

fresh Performance Security as aforesaid failing which the MIDC shall be entitled to

terminate this Project Agreement in accordance with Article 13 of the Project

Agreement.


of 68

In case the successful bidder fails to furnish the Performance Security within the

stipulated time as mentioned herein, the LOA shall stand void and LOI may be issued to

the second successful bidder.

8.12 Sources of Funds

The responsibility to raise funds for the Project would rest with the Successful Bidder.


of 68

9. Description of the Selection Process

It is a three step process:

1. Eligibility Criteria

2. Technical/ Financial Evaluation

3. Financial Bid Opening

9.1 Eligibility Criteria

a. Financial Criteria

For the purpose of Qualification, the applicant – a single entity or a consortium

should demonstrate the threshold financial capability measured on the following

criteria:

Minimum average turnover of Rs. 85 crore in the last three financial years as

certified by Chartered Accountant.

Minimum net worth of Rs. 125 crore as on 31st March 2014 as certified by

Chartered Accountant.

Minimum Bid Capacity of Rs. 250 crore as certified by the Chartered Accountant.

The bid capacity of the Applicant would be assessed on the basis of following

formula:

( A x N x 2 ) – B

Where A: Maximum of the updated values of works executed in one of the 3

preceding years. The updation of the value of work should be done at 10% per

annum (compounded) by multiplying the values with following factors:

Immediately preceding year: 1.10

Last but one year: 1.210

Preceding year to last but one: 1.331

N: number of years prescribed for completion of the project

B: value of existing commitments and works (ongoing or to be completed in the

period stipulated for the project period

Single entity bidder and all members of the consortium, if applicable, should be

profit-making concerns for the last 3 yrs.

The Bidders should provide information regarding the above based on audited annual

accounts.

The Bid must be accompanied by the audited Balance Sheet and Profit and Loss

Account of the Bidder (of each member in case of a consortium) as per Appendix 5

for the last three (3) Financial Years.

In case the Bidder is a Consortium, turnover, net worth and bid capacity would be

taken as a sum of net worth, turnover and bid capacity of each member of the

Consortium having more than 15% stake in the consortium. The Consortium would

be required to meet the threshold criteria on the basis of aggregate figures subject to

provisions of this Clause.


of 68

b. Technical experience

For the purpose of this RFP, the applicant which could be single entity or the

consortium shall be evaluated on the following:

a. Developed/Constructed a Convention Centre of minimum capacity of 500

delegates (in a single facility) in last 10 financial years in India or abroad.

AND / OR

Developed/Constructed a Commercial Complex/ Shopping Mall/ Integrated

Commercial Office Space with all Business support facilities and infrastructure

facilities of minimum total built-up area of 5,00,000 square feet (total area in not

more than three locations) in last 10 financial years in India or abroad.

AND / OR

Developed/Constructed Hotel/ Hotels of Four (4) Star or above category having

minimum 100 rooms (in a single facility) in last 10 financial years in India or

abroad.

b. Operation and management of Convention Centre of minimum capacity of 500

delegates (in a single facility) in last 10 financial (for continuously 3 years) years

in India or abroad.

AND / OR

Operation and management of Hotel of four (4) Star or above category having

100 rooms (in a single facility) in last 10 financial years (for continuously 3 years)

in India or abroad.

Documentary evidence in the form of a CA certificate (Appendix 4) must be submitted

along with the bid:

a) A certificate from the appropriate authorities of respective clients should be submitted

in support of the above in case of completed projects.

b) Relevant pages of the Contract Agreement in projects which are awarded and under

execution. Relevant pages shall mean the Preamble of this CA detailing the Parties

and the last pages detailing the signatories.

c) A copy of the Work Order/Letter of Award in cases where the work has been

awarded within three months before the Bid Submission Due Date.

Eligible Experience – Submission Format

The Bidder should furnish details of eligible experience as on the date of submission

of RFP as per Appendix 4, Bid Response Sheet No. 1.

The Bidder must provide the necessary project specific information as per Appendix

4, Bid Response Sheet No. 2.

9.2 Technical/ Financial Evaluation

Technical/ financial evaluation of only the bidders, who are eligible as per the above

criteria would be done.

The technical/ financial evaluation of the bidder will be done as per following:


of 68

Evaluation criteria Maximum

marks Description

Financial criteria 30

1 Net worth 10 At least INR 125 crore 7 marks.

Additional 50 crore and above 3 marks

2 Average annual turnover 10 At least INR 85 crore 7 marks.


3 Bid Capacity 10 At least INR 250 crore 7 marks.


Technical criteria 70

4

Developed/Constructed a Convention Centre of

minimum capacity of 500 delegates (in a single facility)

in last 10 financial years in India or abroad.

OR

Developed/Constructed a Commercial Complex/

Shopping Mall / Integrated Commercial Office Space

with all Business support facilities and infrastructure

facilities of minimum total built-up area of 5,00,000

square feet (total area in not more than three locations)

in last 10 financial years in India or abroad.

OR

Developed/Constructed Hotel / Hotels of Four (4) Star or

above category having 100 rooms (in a single facility) in

last 10 financial years in India or abroad.

25

The Bidder with maximum eligible

projects get highest marks and rest

other bidders would get pro-rata marks.

The capacity (capacity/built-up

area/rooms) of the project/s in multiples

of 500 delegates or 5,00,000 sqft or 100

rooms would be counted as multiple

projects. Example:.

Developed a convention center of 1000

delegate capacity would be counted as

2 projects.

5.

Operation and management of Convention Centre of

minimum capacity of 500 delegates (in a single facility)

in last 10 financial (for continuously 3 years) years in

India or abroad.

OR

Operation and management of Hotel of Three (3) Star or

above category having minimum 100 rooms (in a single

facility) in last 10 financial years (for continuously 3

years) in India or abroad.

25


marks get highest marks and rest other

bidders would get pro-rata marks.

The capacity (capacity/built-up

area/rooms) of the project/s in multiples

of 3 years would be counted as multiple

projects Example:

Operated & managed a convention

centre of 500 delegate capacity for 6

years would be counted as 2 projects.

6.

Completed Infrastructure projects (national highways

and expressway, airports, refineries and pipelines

thereof, railways, ports, power, telecom, industrial parks,

SEZs, Group Housing and Integrated/Hi-tech Township)

undertaken for minimum project cost of INR 300 crore in

last 10 years.

10


projects get highest marks and rest

other bidders would get pro-rata marks.

The capacity (project cost) of the

project/s in multiples of INR 300 crore

would not be counted as multiple

projects.

7

Concept layout / walkthrough in form of a PowerPoint

Presentation with broad idea, block plan showing land

use as per MIDC DCR, phasing, design, components,

ordering & sizing of the components etc. for this ECC

project

10 The Evaluation Committee will evaluate

the design and give marks


of 68

In case the Bidder is a Consortium, the technical & financial evaluation would be done of

each member of the Consortium having more than 15% stake in the Consortium. The

Consortium would be required to meet the threshold criteria on the basis of aggregate

figures subject to provisions of this Clause.

The bidder claiming experience should have held, in the company owning the Eligible

Project, a minimum direct equity stake of 26% (twenty six per cent) during the period for

which Eligible Experience is being claimed. During submission of bids, the complete list of

partners, in the Teaming Agreement or MoU with the consortium members, for the Eligible

Project shall be submitted.

MIDC may call for the presentations from the Bidders. MIDC would inform the Bidders about

any such presentation well in advance.

9.3 Financial bid opening

► This part of the RFP provides information on the methodology that will be used to

evaluate the Financial Bids received.

► The Project will be awarded to such Successful Bidder, which submits a responsive Bid

and offers to enter into Project Agreement on the best financial terms with MIDC.

► These RFP Documents stipulate the minimum qualification for the Project. These RFP

Documents may be amended or technical and financial parameters of the Project may

be changed by MIDC by issue of an Addendum. Such an Addendum will form part of

these RFP Documents and would be common for all the Bidders. MIDC reserves the

right to reject the Bids, which do not conform to the provisions stipulated in the RFP

Document.

► Financial bid of only the bidders, who have achieved 60 marks or more after evaluation

of Envelope A, would be opened and evaluated.

► Bidding shall be done on the land premium, which shall not be below the base

price of Rs. 30.30 crore (Rupees Thirty crore thirty lakh only) and the proposal of

the bidder quoting the highest land premium shall be considered and called for

the discussion. Financial bids below Rs. 30.30 crore will not be considered and

the bidder would stand disqualified. (Please Note: The base price of Rs. 30.30

crore is calculated at concessional rates and includes additional 0.5 FSI cost,

making it a total 1.5 FSI for the Project land)

The land premium will be payable within 30 days of allotment of land or with an

extension of 150 days with interest.

► MIDC shall evaluate and submit its recommendations to the competent authority.

► Determination of Successful Bidder

► MIDC shall issue a Letter of Intent to the Successful Bidder after obtaining approval

from the Competent Authority which needs to be accepted within 7 days of issuance

of Letter of Intent.


of 68

► MIDC shall issue a Letter of Award (LOA) after getting the approval of the Board to

the successful bidder within 7 (seven) days of issuance of LOI by MIDC.

► The Successful Bidder shall enter into Project Agreement with MIDC for the

implementation of the project within 30 (thirty) days of issuance of LOA.

► The Successful Bidder shall be required to give performance security before signing

of the Project Agreement within 30 (thirty) days of issue of Letter of Award. If the

Successful Bidder fails in entering into contract (Project Agreement) as required

without giving the required clarifications to the satisfaction of MIDC, MIDC reserves

the right to begin negotiations with the next highest Bidder and so on.


of 68

10. Annexure 1 - Specifications and Standards The following specifications and standards cover only some of the minimum requirements for

the development. The developer shall design, finance, construct, maintain and operate the

proposed International Convention Centre strictly conforming to the relevant Indian

Standards, the best Industry practices and internationally acceptable norms. Whether the

requirements are explicitly stated or not in the RFP documents, the bidders must note that

MIDC envisages a world class facility in all respects and expects a truly international quality

and standards from the selected developer as the binding contractual obligation.

Civil & Structural Requirements

The building shall be designed in accordance with the latest Indian Standard Codes

and shall be designed to resist wind and seismic forces

RCC Structures shall be designed as per IS 456 :2000

Steel Structures shall be designed in accordance with the provision of IS 800-1984.

Structural steel shall conform to IS 2062. Tubular section shall conform to IS 4923

Architectural design norms as per NBC (National Building Code – 2005)

Structural Design norms as per NBC and BIS (Bureau of Indian Standards)

Developer is advised to carry out its own tests and investigations related to soil

condition, strata, bearing capacity and other characteristics

Convention Centre

The Convention hall shall be capable to be partitioned in smaller rooms when

required.

No pillars / columns shall be constructed inside the area of Convention Hall.

Ducting shall be preferably under the floor and not from the sealing.

The gates of the Convention centre shall be of big size to load and unload the

exhibition material.

The developer shall provide signage so as to facilitate necessary information to the

visitors regarding amenities and their location.

The Convention Centre shall be planned in accordance with the Development

Control Regulations applicable on the site in Butibori.

Equipment & audio visual system

Provision for Simultaneous Interpretation Systems (SIS) shall be made in the Multi-

Purpose Conference Hall. Minimum requirements for SIS are an interpreter's control

unit, and 1 tabletop transmitter per target language, 1 receiver and headphone, or

headset per participant. The booths can either be fixed or mobile. Provision shall be

made for upto 6 language interpretation booths with 2500 Nos. of Wireless IR

Receivers with headphones for reception of simultaneous language interpretation.

The equipments can be radio or infrared frequency equipment. The developer shall

comply with the relevant international standards for all the equipments.

Sound Reinforcement system for the entire hall suitable for Speech / Light music,

seminars, lectures, presentations etc.

Rear projection Screens & LCD Projector for detailed presentations of all formats of

video from presentations to motion picture.

Auto dome CCD Cameras for capturing live video of the stage proceedings and

project on the main screen display.


of 68

Video Distribution of the proceedings of the Hall to the entire Convention Centre

through various Plasmas & TV placed at selected locations / rooms.

State-of-art Digital Congress Network, equipped with Chairman and Delegate

microphone units enables conferences & discussion seminars.

DVD Recorders enable recording & Storage of all the interpreted languages or floor

language along with video directly on the DVDRs.

Wired microphones for Podium or stage applications.

Upto 10 Wireless microphones, either handheld tie-clip for wire-free Application of

microphone source.

16 Channel Microphone mixing console to manage various I/P sources from the

control room.

DVD Players, VCRs, Music Sources.

Provisions for Inputs from various I/O devices like laptops, documents cameras,

slide projectors, etc. through the interface plates in the floor boxes.

Provisions for various inputs / Outputs from above the truss for more LCD

Projectors, motorized screens etc. through interface modules placed above the

bars.

Touch Screen control / monitoring of the AV equipment in the entire convention hall

enable the use of multiple equipment at the touch of a single button.

Ceiling Speaker (Rated power-100W, 650X400X322mm, wt: 24KG)

Video Conferencing systems

4. Acoustics

The convention centre shall have latest sound systems to provide a complete

concert-like experience on a flick of a switch.

The partition between halls should have a Sound Transmission Coefficient

(STC) of 70 dB measured with dual channel spectrum analyzers as per ISO

140

5. Minimum Parking area

Car Parking for minimum 500 ECS for above essential facilities should be

provided.

All parking spaces shall be paved to withstand vehicle loads and forces due

to frequent acceleration and deceleration of vehicles. Parking bays/lots shall

have proper cross slope and drainage. They shall be marked with paint as per

Indian standards to demarcate parking and circulation space.

6. Firefighting facilities

The developer shall provide the required firefighting equipment and facilities including

fire exits, fire proof doors, etc. conforming to relevant standards and the applicable

rules and regulations

7. Facilities for Physically challenged persons

The developer shall provide all the necessary facilities to the entry/exit, seating and

movement of physically challenged persons including wheel chairs, ramps, specially

designed seats, toilets etc. in the centre.


of 68

Annexure 2 - Maintenance & Performance Standard

1. General

During the period of operation, the Developer shall maintain all the facilities in accordance

with performance standards and maintenance requirements, as mentioned below:

• Perform maintenance on a routine and periodic basis.

• Provide functional facilities that (a) meet the ICC requirements; (b) have an

environmentally acceptable atmosphere for users of the facility; (c) ensure safety and

security of VVIPs; (d) ensure the safety of the visitors; and, (e) maintain a good

environment in the site conducive to all tourism and leisure facilities.

• Identify potential problems early within the context of the planned maintenance

system so that corrective action may be planned and completed in a timely manner.

• Establish a maintenance list for planned operation and maintenance. Follow an

orderly program so that maximum operational efficiency is attained.

2. Maintenance Works

The Developer shall perform routine and periodic maintenance activities for the project

infrastructure viz, civil, mechanical and electrical works and equipment, furniture for meeting

the specified performance standards as per table below

Maintenance Requirements

Description Required Level Facility / Equipment

Power Supply, Electrical Installations, Electrical Equipments Telecommunication system including high speed data connection

Standby power arrangements shall be made for necessary facilities like basement parking, Convention, Exhibition and Performance Centre, etc. No loose, open, un-insulated wiring in any of the areas. Switch Boards, Electric meters are enclosed in boxes and access to authorized persons only.

Standby power supply by DG sets shall be ready to be operated and should be available 24 hours

Natural and Mechanical Ventilation and Illumination for basement parking

Shall meet the required Illumination level as specified in the IS Code and NBC. Shall meet the required Ventilation level as specified in the IS Code and NBC.

Any disruption to mechanical ventilation, if provided, shall be rectified within 24 hours. Arrangements for natural ventilation like skylights ventilators, shafts etc. shall be cleaned after every 5 days

Damage / Breach to the Boundary Wall

No Damage / Breach is allowed Any damage / breach to the boundary wall shall be rectified within three (3) days after the event.

Maintenance of Circulation Areas of Convention, Exhibition and Performance Centre, Hotel, etc.: Circulation Area maintenance shall include the entire house keeping activities requiring routine and periodic maintenance. Annual maintenance shall be done for accessories like fans, lighting arrangements etc. in these areas.


of 68

3. Performance Standards: Indent

The performance levels define the level at which the proposed facilities are to be maintained and operated. Performance standards are defined for operation and maintenance of the facilities and the site environment.

The obligations of the Operator in respect of Maintenance requirements shall include:

- Maintaining site environment so as to cause minimum disturbance to the environment.

- Ensure that the facilities are operational and rectification of the defects and deficiencies within the minimum time

- Ensure that the fixed parameters provided in this RFP are abided by at any time during the project period

Notwithstanding anything contrary to specified in this schedule, if the nature and extent of any defect justifies more time for its repair or rectification as compared to time specified herein, the Operator shall be entitled to additional time in conformity with good industry practice. However the Operator shall get prior approval from the Independent Engineer, for such additional requirements of time.

Notwithstanding anything to the contrary contained in this schedule, if any defect, deficiency or deterioration in the Project poses danger to the life and property of the users thereof, the Developer shall promptly take all reasonable measures for eliminating or minimizing such danger

4. Periodic Maintenance Performance Standards

In order to maintain the quality and operational standards of high quality, the periodic maintenance/renewal activities are proposed for the Project.

Periodic Maintenance/Renewable activities:

S No. Periodic Renewal Activities Time Limit for Renewal

1 Repainting of furniture, signages delineators, markings etc.

Minimum once in a year

2 Repainting of Buildings and all other structures.

Minimum once in three years

3 Repainting of carpentry work like joinery, doors, windows, ventilators, wooden furniture etc. in the offices, cabins, booths etc.

Minimum once in three years

4 Resurfacing of Pavement Routine repairs every year and premix carpet every fourth year. Incase the pavement is of Rigid type, no periodic renewal would be required except cleaning & filling of joints

5 Mechanical Equipment Minimum once in a year as per manufacturer’s installation, operation and maintenance instruction manual

6 Electrical Equipment Minimum once in a year as per manufacturer’s installation, operation and maintenance instruction manual

5. Periodic Maintenance Performance Standards

S No. Parameters Performance Indicators

1 Convention Centre To remain operational 24 hours a day throughout the year


of 68

2 Delegate Accommodation To remain operational 24 hours a day throughout the year

3 Essential supporting Infrastructure

To remain operational 24 hours a day throughout the year

4 Parking Area To remain operational 24 hours a day throughout the year

5 Information System, Displays To remain operational 24 hours a day throughout the year

6 Toilets To remain operational 24 hours a day throughout the year

7 Water Supply To remain operational 24 hours a day throughout the year

8 Electricity Supply To remain operational 24 hours a day throughout the year

9 Telecommunication and Networking Equipment

To remain operational 24 hours a day throughout the year

10 Fire Fighting System To remain operational 24 hours a day throughout the year

11 Standby Diesel Generator Sets

Standby Diesel Generator Sets to supply power to the Project facilities must be available 24 hours a day, throughout the year in case of disruption or breakdown in power supply

12 Maintenance Office This shall remain open for 16 hours a day and throughout the year

13 Security To remain functional 24 hours a day throughout the year. Appropriate fencing of the site with lighting and security shall be provided to ensure that there will be no encroachment on the site.


of 68

APPENDIX 1A

FORMAT FOR POWER OF ATTORNEY FOR SIGNING PROPOSAL (On a Stamp Paper of appropriate value)

POWER OF ATTORNEY

Know all men by these presents, we ____________ (name and address of the registered

office) do hereby constitute, appoint and authorize Mr./Ms. _____________________ (name

and address of residence) who is presently employed with us and holding the position of

__________________ as our attorney, to do in our name and on our behalf, all such acts,

deeds and things necessary in connection with or incidental to our proposal for the Exhibition

cum Convention Centre in Butibori, Nagpur in the state of Maharashtra, including signing

and submission of all documents and providing information/ responses to Maharashtra

Industrial Development Corporation (MIDC). We hereby agree to ratify all such acts, deeds

and things lawfully done by our said attorney pursuant to this Power of Attorney and that all

such acts, deeds and things lawfully done by our aforesaid attorney shall and shall always

be deemed to have been done by us.

For ------------------------ (Signature) (Name, Title and Address) Accepted ________________ (Signature) (Name, Title and Address of the Attorney) Company seal & stamp

Notes:

a. To be executed by the sole Bidder or the Lead Member in case of a Consortium duly supported .by a

Board Resolution

b. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid

down by the applicable law and the charter documents of the executant(s) and when it is so required the

same should be under common seal affixed in accordance with the required procedure.

c. Also, where required, the executants(s) should submit for verification the extract of the charter

documents and documents such as a resolution / power of attorney in favour of the Person executing

this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.


of 68

APPENDIX 1B

FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM (On a Stamp Paper of appropriate value)

POWER OF ATTORNEY

Whereas Maharashtra Industrial Development Corporation (MIDC) has invited Proposals

from interested parties for Exhibition cum Convention Centre in Butibori, Nagpur ("the

Project").

Whereas, the members of the Consortium are interested in bidding for the Project and

implementing the Project in accordance with the terms and conditions of the Bid Document

and other connected documents in respect of the Project, and

Whereas, it is necessary under the Bid Document for the members of the Consortium to

nominate one of them as the Lead Member with all necessary power and authority to do for

and on behalf of the Consortium, all such acts, deeds and things as may be necessary in

connection with or incidental to the Consortium’s proposal for the Project.

NOW THIS POWER OF ATTORNEY WITNESSETH THAT:

We, M/s. _________________, and M/s. ________________ (the respective names and

addresses of the registered office) do hereby constitute, appoint and authorize M/s.

__________________________ as the Lead Member of the Consortium and as our

attorney, to do on behalf of the Consortium, all or any of such acts, deeds or things as may

be necessary in connection with or incidental to the Consortium’s proposal for the Project,

including submission of bid, participating in conferences, responding to queries, submission

of information/ documents and generally to represent the Consortium in all its dealings with

MIDC, or any other Government Agency or any person, in connection with the Project until

culmination of the process of bidding and thereafter till the Project Agreement is entered into

with MIDC.

We hereby agree to ratify all such acts, deeds and things lawfully done by Lead Member as

our said attorney pursuant to this Power of Attorney and that all acts deeds and things

lawfully done by our aforesaid attorney shall and shall always be deemed to have been done

by us/Consortium.

Dated this _______ Day of ________ 2014.

(Executants)

(To be executed by all the members of the Consortium)

Company seal & stamp


of 68

Note:

1. The mode of execution of the Power of Attorney should be in accordance with the procedure, if

any, laid down by the applicable law and the charter documents of the executant(s) and when it

is so required the same should be under common seal affixed in accordance with the required

procedure.

2. The executant(s) should submit for verification the extract of the charter documents and

documents such as Board Resolution and Power of Attorney in favour of the person executing

this Power of Attorney in favour of the Lead Member.


of 68

APPENDIX 1C

Zoning Plans & Development Controls

The development of project site shall be in accordance with the Development Control

Regulations of MIDC. Some of the points are listed below:

► Building Regulations to be adhered to are given below:

a. Project will be built on a plot of 20.3 acre.

b. The Land use is Mixed (Hotel/Convention Centre) purpose (as per MIDC Bye-Laws)

► Land FSI

a. The FSI allowed is 1 (as per Butibori area of Nagpur)

b. Additional 0.5 FSI has been loaded on the land premium, so final FSI for land is 1.5.

c. The maximum permissible ground coverage is 60% of the Plot.

► Basement

a. No restriction on the number of basement and height of basement.

b. Basement shall not be considered while calculating FAR.

► Building Height

a. The allowed height for the building shall be subjected to Airport Authority Clearance.

Successful Bidder shall apply to the competent authority for the necessary approvals.


of 68

APPENDIX 2 DETAILS OF BIDDER

1. (a) Name

(b) Country of Incorporation

(c) Address of the corporate headquarters and its branch office (s), if any, in India

(d) Date of incorporation and / or commencement of business

2. Brief description of the Company including details of its main lines of business and proposed roles and responsibilities in this Project. 3. Name, Designation, Address and Phone Nos. of Authorized Signatory of the Bidder

(a) Name:

(b) Designation:

(c) Company:

(d) Address:

(e) Telephone No:

(f) E-mail Address:

(g) Fax No:

4. Details of individual (s) who will serve as the point of contact / communication for MIDC, within the Company

(a) Name:

(b) Designation:

(c) Address:

(d) Telephone No.

(e) E-mail address:

(f) Fax No.

5 In case of Consortium:

(a) The information above (1-4) should be provided for all the Members of the Consortium

(b) Information regarding role of each Member should be provided as per table below:

SN Name of member Role of the member*

*Specify whether Lead Member, Associate Members (Signature of Authorised Signatory) Company seal & stamp


of 68

APPENDIX 3 FORMAT FOR LETTER OF BID

[On the Letter Head of the Bidder (in case of Single Bidder) or Lead Member (in case of a

Consortium)]

Date: ------------


MIDC, Udyog Bhawan,


Nagpur.

Sir,

Being duly authorized to represent and act on behalf of _________________ (hereinafter referred to

as "the Bidder"), and having reviewed and fully understood all of the qualification requirements and

information provided, the undersigned hereby expresses its interest and apply for qualification for the

Exhibition cum Convention Centre in Butibori, Nagpur.

We are enclosing our Proposal, in one Original and two Copies, with the details as per the

requirements of the Bid Document, for your evaluation.

The undersigned hereby also declares that the statements made and the information provided in the

Proposal is complete, true and correct in every detail.

We confirm that the bid is valid for a period of 180 days from the due date of submission of bid and

unconditional.

We hereby also confirm the following:

1. The Proposal is being submitted by (name of the successful bidder/ LCM) who is the Bidding

Company/the LCM of the Bidding Consortium comprising (mention the names of the entities who are

the Consortium Members), in accordance with the conditions stipulated in the RFP.

2. As the Successful Bidder/ LCM (in case of a Bidding Consortium), we hereby confirm to abide by

the roles and responsibilities assigned to us as per the MoU between the Consortium Members and

as outlined in this RFP.

3. We have examined in detail and have understood the terms and conditions stipulated in the RFP

Document issued MIDC and in any subsequent communication sent by MIDC. We agree and

undertake to abide by all these terms and conditions. Our Proposal is consistent with all the

requirements of submission as stated in the RFP or in any of the subsequent communications from

MIDC.

4. We confirm that there are no conditions in “Envelope B: Financial Proposal”.

5. The information submitted in our Proposal is complete, is strictly as per the requirements stipulated

in the RFP, and is correct to the best of our knowledge and understanding. We would be solely

responsible for any errors or omissions in our Proposal.


of 68

6. We confirm that we have studied the provisions of the relevant Indian laws and regulations required

to enable us to prepare this Financial Proposal and as required for Exhibition cum Convention Centre

in Butibori, Nagpur, in the event that we are finally selected.

7. We confirm that all the terms and conditions of the Proposal are firm and valid for acceptance for a

period of 180 days from the Proposal due date.

Our PAN number is -----------------

Our TAN number is -----------------

Thanking You,

Yours Sincerely,

For and on behalf of: (name of the Bidding Company / LCM and the Company Seal)

Signature: (Authorised Representative & Signatory)

Name of the Person:

Designation:


of 68

APPENDIX 4 INFORMATION RELATED TO EXPERIENCE

GUIDELINES

i. The Chartered Accountant issuing the certification for experience of the Bidder must hold a

valid Certificate of Practice.

ii. A separate sheet should be filled for each of the Eligible Projects.

FORMAT FOR ESTABLISHING EXPERIENCE OF BIDDER BID RESPONSE SHEET 1

SN

Name of the project

Name of client

Role (Developer, prime contractor, sub contractor etc.)

Project Equity holding at the time of construction/ execution

Area specification/ number of rooms/ delegates, etc.

Whether as Lead member or a consortium member

Location

Cost (Rs. Cr.)

Start date

End date

1

2

3

4

5

Note: 1. Only the eligible projects that satisfy technical criteria shall be included. 2. All the Financial numbers are to be given in Rs. (Indian Rupees) 3. The format shall be filled up for each member of the consortium and as a cumulative

experience for the consortium 4. The bidder claiming experience should have held, in the company owning the Eligible Project,

a minimum direct equity stake of 26% (twenty six per cent) during the period for which Eligible Experience is being claimed. During submission of bids, the complete list of partners, in the Teaming Agreement or MoU with the consortium members, for the Eligible Project shall be submitted.

(Signature of Authorised Signatory) Company seal & stamp

Signature, Name, Address and Membership No. of Chartered Accountant


of 68

APPENDIX 5 FORMAT FOR ESTABLISHING FINANCIAL CAPABILITY OF THE BIDDER

BID RESPONSE SHEET 2

Format for Financial Capability of Single Entity Bidder

Year Net worth (INR crore)

Annual Turnover (INR crore)

Bid Capacity

2014

2013 NA NA

2012 NA NA

Average NA NA

(Signature of Authorised Signatory)




of 68

BID RESPONSE SHEET 4 Format for Financial Capability of Consortium

Turnover, Net Worth and Net Cash Accruals

Bidder

Type

Equity

Share

(%)

Turnover (Rs. Crore) Net worth (Rs.

Crore)

As on 31st

March 2014

Bid capacity (Rs.

Crore)

As on 31st

March

2014

Year Year Year

Consortium

member 1

Consortium

member 2

Consortium

member 3

Consortium

member 4

Aggregate Turnover = Rs ---------------- crores Aggregate Net worth = Rs ________ crores Aggregate Bid Capacity = Rs ______ crores (Signature of Authorised Signatory) Company seal & stamp



of 68

APPENDIX 6

Guidelines for providing information related to financial capability

1. The Bidder should provide the Financial Capability based on its own audited financial

statements. Financial capability of the Bidder's parent company, associate & subsidiary (who are

not Member of the Consortium) will not be considered for computation of the Financial Capability

of the Bidder.

2. Instructions for calculation of Financial Capability:

a) The bid capacity is assessed on the basis of following formula:

( A x N x 2 ) – B

Where A: Maximum of the updated values of works executed in one of the 3 preceding years.

The updation of the value of work should be done at 10% per annum (compounded) by

multiplying the values with following factors:

Immediately preceding year: 1.10

Last but one year: 1.210

Preceding year to last but one: 1.331

N: number of years prescribed for completion of the project

B: value of existing commitments and works (ongoing or to be completed in the period

stipulated for the project period

b) Net Worth = Subscribed and Paid-up Equity (including Share Premium, if any) + Reserves –

Revaluation Reserves - Miscellaneous expenditure not written off-Deferred Revenue

Expenditure-Deficit in Profit & Loss Account

c) The financial year would be the same as followed by the Bidder for its annual report. Year 1

will be the last Financial Year. Year 2 shall be the year immediately preceding Year 1.

d) The Bidder shall provide audited Annual Reports as required under this Bid Document. For a

Consortium, audited Annual Reports of all Members shall be provided.

e) In case of a Consortium comprising of members with holdings in each other, the cross

holdings between the group companies comprising part of the Consortium will be deducted

for the purpose of Net Worth calculations.

3. Financial details of the Bidder. If the Bidder is a consortium the Financial Details of all the

members. The Financial Details should be provided in the following manner.

SN Particulars as per the Audited Balance Sheet Year 3 Year 2 Year 1 Total

1. Subscribed and Paid up Equity

2. Reserves

3. Revaluation reserves

4. Miscellaneous expenditure not

written off

5. Deferred Revenue Expenditure

6. Deficit in Profit & Loss Account

7. Net Worth = (1+2-3-4-5-6)


of 68

Name of Member: Role of Member:

(Signature of Authorised Signatory)




of 68

APPENDIX 7 FORMAT FOR ANTI-COLLUSION CERTIFICATE

[To be submitted on the letter heads of the bidders separately] Anti-Collusion Certificate

Date: ------------

The Superintending Engineer, MIDC, Udyog Bhawan, 4th Floor, Near High Court, Civil Lines, Nagpur. Exhibition cum Convention Centre in Butibori, Nagpur Sir,

We hereby certify and confirm that in the preparation and submission of this Bid, we have not acted in

concert or in collusion with any other Bidder or other person(s) and also not done any act, deed or

thing which is or could be regarded as anti-competitive, restrictive or monopolistic trade practice.

We further confirm that we have not offered nor will offer any illegal gratification in cash or kind to any

person or agency in connection with the instant Bid.

Dated this ______________ Day of ________________, 200_ Name of the Bidder Signature of the Authorised Person Note:

To be submitted by each Member in case of Consortium.


of 68

APPENDIX 8A FORMAT FOR PROJECT UNDERTAKING

[To be submitted on the letter heads of the bidders separately]

Date: ------------

The Superintending Engineer, MIDC, Udyog Bhawan, 4th Floor, Near High Court, Civil Lines, Nagpur. Exhibition cum Convention Centre in Butibori, Nagpur

Sir,

We have read and understood the Bid Document in respect of the captioned project provided to us by

the Additional Chief Engineer, Maharashtra Industrial Development Corporation.

We hereby agree and undertake as under:

(a) Notwithstanding any qualifications or conditions, whether implied or otherwise, contained in our

Bid we hereby represent and confirm that our Bid is unqualified and unconditional in all respects.

(b) We are not barred by the GoI or the GoM or their Departments or Agencies from participating in

any projects.

Dated this ___________________ Day of _______________, . Name of the Bidder Signature of the Authorised Person



of 68

APPENDIX 8B FORMAT FOR PROJECT UNDERTAKING

[In case of Consortium] [To be submitted on the letter heads of the bidders separately]

Date: ------------

The Superintending Engineer, MIDC, Udyog Bhawan, 4th Floor, Near High Court, Civil Lines, Nagpur. Exhibition cum Convention Centre in Butibori, Nagpur

Sir,

We have read and understood the Bid Document in respect of the captioned project provided to us by

the Additional Chief Engineer, Maharashtra Industrial Development Corporation.

We hereby agree and undertake to be an exclusive member of the consortium and not a member of

any other consortium nor an independent Bidder, bidding for this project and has submitted only one

(1) Bid in response to this RFP

Dated this ___________________ Day of _______________,

Name of the Bidder

Signature of the Authorised Person



of 68

APPENDIX 9 FORMAT FOR MEMORANDUM OF UNDERSTANDING (MOU)

(On Non – judicial stamp paper of Rs 100/- or such appropriate document duly attested by notary public)

MEMORANDUM OF UNDERSTANDING FOR SPECIAL PURPOSE VEHICLE FOR

“_____________________________________________________________________” DEED OF PARTNERSHIP (SPECIAL PURPOSE VEHICLE OF ___________ AND ____________)

This Memorandum of Understanding for Special Purpose Vehicle made and entered into at on his ______ day of _______ 20___ by and between : 1) ……………………………………………… AND 2) ……………………………………………… DEFINATIONS :- In this deed, the following words and expression shall have meanings set out below : “The Special Purpose Vehicle” (“SPV” for short) shall mean “_______________________ (SPV)” and “___________________” Special Purpose Vehicle collectively acting in collaborations for the purpose of this agreement. “Apex Co-ordination Body (ACB) shall mean the body comprising Director of the Parties to the Joint Venture” “The Owner” shall mean ……………………………………………………… ……………………………………………………… “The Works” shall mean the ………………………………………………………...... …………………………………………………………………. JOINT VENTURE (JV)

(whereas the Parties hereto declare that, they agree and undertake to form a Special Purpose Vehicle

for the purpose of Execution of the works, as an integrated SPV. The Special Purpose Vehicle shall

be called as “SPV” for short) Provided that the Parties are not under this agreement entering into any

permanent Partnership to tender or undertake any contract other than the subject works. Nothing

herein contained shall be considered to construe the Parties or Partners to constitute either Party the

agent of the other.

WITNESSES

WHEREAS the Superintending Engineer, ……………………………………. herein after referred as the

SE, have invited tenders for the work of “…………………………………………………………….. herein

after referred as “The Works”

Whereas PARTY NO. I and PARTY NO. II (write names of all Consortium members) wish to execute

the Contract, if awarded as per the terms of this indenture. Now, therefore this Deed of Partnership

witnesses as follows:-

1) That, these recitals are and shall be deemed to have been part and parcel of the present

MOU for SPV.


of 68

2) That, this MOU shall come into force from the date of this MOU i.e. the day of

_____________ the year ______________

3) That, the operation of this MOU for SPV concerns and is confined to “the works” only.

4) That, the name of the SPV firm shall be “_________________)

5) That, PARTY NO. I and PARTY NO. II (write names of all Consortium members) shall jointly

execute the works according to all terms and conditions as stated in the relevant instructions

contained in the Bid Documents / Project Agreement as an integrated SPV styled as

“_______________________________)

That, this MOU for SPV shall regulate the relations between the parties and shall include

without being limited to them the following conditions.

a) M/s. ___________________________ shall be the lead Company Incharge of the SPV for all

intents and purpose.

b) The parties hereto shall jointly and severally liable to MIDC for all acts, deeds and things

pertaining to the Contract. The Contract for the works shall be signed by Shri.

_______________________ as a General Power of Attorney Holder.

c) That the Director of one of the parties of the SPV, ________________ shall be the lead

Partner of the SPV and shall have the Power to Control and Manage the Affairs of the SPV.

d) That, on behalf of the SPV Lead Partner, _______________ have the Authority to incur

liabilities, receive instructions and payments, sign and execute the Contract for and on behalf

of the SPV. All payments made under the contract shall be made into the SPV’s bank

account.

e) One or two Bank accounts shall be opened in the name of SPV to be operated by the Joint

Signatory by representative of both the Partner of SPV.

f) That each of the parties to the SPV agrees and undertake to place at the disposal of the SPV

benefits of its individual experience, technical knowledge and skill and shall in all respects

bear its share of the responsibility including the provision of information, advice and other

assistance required in connection with the works. The share and the participation of the

partners in the SPV shall broadly be as follows :-

Name of Contractor Share of Percentage

1)

2)

3)

4)

Total 100%

And all rights, interests, liabilities, obligations, works experience and risks (and all net profit or

net losses) arising out of the contract shall be shared or borne by the Parties in proportion to

these share. Each of the parties shall furnish its proportionate share in any bonds,

guarantees, sureties required for the works as well as its proportionate share in working

capital and other financial requirements, all in accordance with the decisions of the Apex

Coordinating body.

g) Any loan/advances shall be shared by the PARTY NO. I and PARTY NO. II (write names of

all Consortium members) in the ratio of ________________ respectively.


of 68

h) All funds, finance or working capital required for carrying out and executing, the works or

contract shall be procured and utilized by the parties are mutually agreed by them and they

shall be liable and responsible for the same. Initial Capital of the SPV shall be Rs.

_______________.

i) The execution of the work on the site will be managed by a Project Manager. The Project

Manager shall be authorized to represent the SPV on site in respect of matters arising out or

under the contract.

j) The PARTY NO. I and PARTY NO. II (write names of all Consortium members) shall be jointly

and severally liable towards the owner for the execution of the contract commitment in

accordance with contract conditions.

k) The SPV shall be registered with the Registrar of Firms / Company, Maharashtra State. Prior

written approval of MIDC shall be obtained before any changes are proposed to be made in

this SPV, once it is registered with the Registrar of firms / Company, Maharashtra State.

l) This SPV agreement shall not be dissolved till the completion of the defect liability period as

stipulated in the Tender Document conditions of the works and till all the liabilities thereof are

liquidated.

m) That, questions relating to validity and interpretation of this deed shall be governed by the

laws of India. Any disputes in interpretation of any conditions mentioned herein shall be

referred to Arbitrator by mutual consent of the parties to the SPV and such proceedings shall

be governed by the Indian Arbitration and Conciliation act, 1996. The award of the Arbitrator

shall be final and binding on the parties, hereto, neither the obligations of each party hereto to

perform the contract nor the execution of works shall stop during the course of these

arbitration proceedings or as a result thereof.

n) That, no party to the SPV has the right to assign any benefit, obligation or liability under the

agreement to any third party without obtaining the written consent of the other partner and

MIDC.

o) Bank account (s) in the name of the SPV may be opened with any Nationalized / Scheduled

Bank / Banks approved by GoM and the representatives of both partners are authorized to

operate upon such accounts jointly.

p) That, the parties to the SPV shall be responsible to maintain or cause to maintain proper

Books of Accounts in respect of the business of the SPV and the same shall be closed at the

end of the every financial year.

q) That the financial year of the SPV shall be the year ended on the 31st day of March every

year.

r) That upon closure of the books of account, balance sheet and profit and loss account, as to

the state of affairs of the SPV, as at the end of the financial year and as to the profit or loss

made, or incurred by the firm for the year ended on that date respectively, shall be prepared

and the same shall be subject to audit by a Chartered Accountant.

LEGAL JURISDICTION All matters pertaining to or emanating from this SPV agreement involving the owner shall be subject to jurisdiction or High Court of Judicature, at ...……….. NOTICE AND CORRESPONDANCE


of 68

All correspondence and notices to the JV shall be sent to the following address: IN WITNESS WHERE TO the parties have caused their duly authorized representative to sign below: Signed for and on behalf of Signed for and on behalf of Witness 1.

2.


of 68

APPENDIX 10

Format of Letter of Acceptance (The Letter of Acceptance is to be submitted by EACH Consortium Member of the Bidding

Consortium)

Date:

Place:


MIDC, Udyog Bhawan,


Nagpur.

Sub: Exhibition cum Convention Centre in Butibori, Nagpur basis

Dear Sir,

This has reference to the Proposal being submitted by (name of the LCM of the Bidding Consortium),

as LCM of the Bidding Consortium comprising (mention name(s) of the Consortium Members) in

respect of selection of Successful Bidder to Build, Operate and Transfer Exhibition cum Convention

Centre in Butibori, Nagpur in response to the RFP Document issued by Maharashtra Industrial

Development Corporation dated ……………...

We hereby confirm the following:

(a) We (name of the Consortium Members furnishing the Letter of Acceptance), have examined in

detail and have understood and satisfied ourselves regarding the contents including in respect of the

following:

a. The RFP Document issued by MIDC

b. All subsequent communication between MIDC and the Bidder, represented by (Mention

name of the LCM)

c. The Proposal being submitted by (name of the LCM)

(b) We agree to abide by the terms and conditions of the RFP Document and the Proposal being

submitted by the LCM in respect of the Project.

(c) We also reaffirm that (name of the LCM) continues to be the LCM and that (please give name,

designation and address of authorized representative and signatory here) designated as the

authorized representative and signatory of the LCM of the Bidding Consortium is the authorized

representative and signatory in respect of all matters concerning our Proposal for this Project and

contractual commitments thereof.

Thanking You,


of 68

Yours Sincerely,

For and on behalf of: (name of the Bidding Company / LCM and the Company Seal)

Signature: (Authorised Representative & Signatory)

Name of the Person:

Designation:


of 68

APPENDIX 11

Financial Proposal (Format for Information Submission) (To be provided on the letterhead of the Bidder)

Date: Place:


MIDC, Udhyog Bhawan,


Nagpur.

Dear Sir, Sub: Proposal for selection of Successful Bidder to Build, Operate and Transfer Convention Centre in Nagpur

1. We the undersigned Bidder, submit the following as our Financial Proposal in response to the RFP

issued by MIDC.

Rs……………………(Rupees Only) being the total lump sum land premium to be given to MIDC in

form of Demand Draft in favour of MIDC payable at Nagpur within 30 days of allotment of land or

with an extension of 150 days with interest.

2. We confirm that the Financial Proposal conforms to all the terms and conditions stipulated in the

Request for Proposal Document.

3. We confirm that our Financial Proposal is FINAL in all respects and contains NO conditions.

4. We confirm that in the event of more than one Responsive Bidders quoting the same annual lease

rental value, MIDC shall break the tie by way of draw between such Bidders

5. We confirm that, the information submitted in our Financial Proposal is complete and is correct to

the best of our knowledge and understanding. We would be solely responsible for any errors or

omissions in our Proposal

6. We confirm that we have studied the provisions of relevant Indian laws and regulations required to

enable us to prepare this Financial Proposal and as required to build, operate and transfer the

Project, in the event that we are finally selected.

Thanking You, Yours Sincerely, For and on behalf of : (name of the Successful Bidder / LCM and the Company Seal) Signature : (Authorised Representative & Signatory) Name of the Person : Designation :


of 68

APPENDIX 12

Proforma for Bank Guarantee for Performance Security

[To be issued by SBI or any Nationalised Bank or Indian Scheduled Commercial Bank]

From: …………………………………………………………………………… [Name and Address of Bank/ Financial Institution] The Superintending Engineer, MIDC, Udyog Bhawan, 4th Floor, Near High Court, Civil Lines, Nagpur.

1. In consideration of the Superintending Engineer of MIDC represented by ________________

(hereinafter called “ the MIDC”) having agreed to exempt __________________ (hereinafter

called “ the said Bidder(s)“) from the demand, under the terms and condition of an Agreement,

dated _________made between ____________________and MIDC for Build, Operate and

Transfer “Exhibition cum Convention Centre in Butibori, Nagpur” (hereinafter called “ the said

Agreement”), of performance security for the due fulfilment by the said Developer(s)of the terms

and conditions contained in the said Agreement , on production of a bank guarantee for Rs.

(Rupees only).

We, _____________________ (hereinafter referred to as “the Bank”) at the request of

______________/ Bidder(s)/ do hereby undertake to pay to the MIDC an amount not exceeding

Rs. /- against any loss or damage caused to or suffered or would be caused to or suffered by the

Government by reason of any breach by the said Developer(s)of any of the terms or conditions

contained in the said Agreement.

2. We __________________________ (indicate the name of bank) do hereby undertake to pay the

amounts due and payable under this guarantee without any demur, merely on a demand from

the MIDC stating that the amount claimed is due by way of loss or damage caused to or would

be caused to or suffered by the MIDC by reason of breach by the said Bidder(s) of any of the

terms or conditions contained in the said agreement or by reason of the Bidder(s) failure to

perform the said Agreement. Any such demand made or the bank shall be conclusive as regards

the amount due and payable by the Bank under this guarantee. However, our liability under this

guarantee shall be restricted to an amount not exceeding Rs. /-.

3. We undertake to pay to the MIDC any money so demanded notwithstanding any dispute or

disputes raised by the Bidder(s) in any suit or proceeding pending before any court or Tribunal

relating to our liability under this present being absolute and unequivocal, unless otherwise

directed by such Court or Tribunal.

The payment so made by us under this bond shall be a valid discharge of our liability for payment

there under and the Bidder(s) supplier (s) shall have no claim against us for making such

payment.


of 68

4. We __________________________________ (Indicate the name of bank) further agree that the

guarantee herein contained shall remain in full force and effect during the period that would be

taken for the performance of the said Agreement and that it shall continue to be enforceable till

all the dues of the MIDC under or by virtue of the said Agreement have been fully paid and its

claims satisfied or discharged or till Govt certifies that the terms and conditions of the said

Agreement, have been fully and properly carried out by the said Bidder(s)and accordingly

discharges this guarantee, however not exceeding six months beyond the date of expiry of the

project period. Unless a demand or claim under this guarantee is made on us in writing on or

before the date of expiry of we shall be discharged from all liability under this guarantee

thereafter.

5. We _____________________ (indicate the name of Bank) further agree with the MIDC that the

MIDC shall have the fullest liberty without our consent and without affecting in any manner our

obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend

time of performance by the said Bidder(s)from time to time or to postpone for any time or from

time to time any of the powers exercisable by the MIDC against the said Bidder(s) and to forbear

or enforce any of the terms and conditions relating in the said agreement and we shall not be

relieved from our liability by reason of any such variation or extension being granted to the said

Bidder(s)or for any forbearance act or commission on the part of the MIDC or any indulgence by

the MIDC to the said Bidder(s)or by any such matter or thing whatsoever which under the law

relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the

Bidder(s)/ Supplier(s).

7. We, __________________________ lastly undertake not to revoke this guarantee during

(indicate the name of bank) its currency except with the previous consent of the MIDC in writing.

SEAL OF [BANK/FINANCIAL INSTITUTION] ……………………………….. NAME OF [BANK/FINANCIAL INSTITUTION] ……………………………….. SIGNATURE …………………………….. NAME …………………………….. TITLE …………………………….. DATE ……………………………..